December 21, 1998
DAR OPINION NO. 120-98
ERIC CANTO
Legislative Staff
Office of Senator Anna Dominique M.L. Coseteng
Senate Bldg., Pasay City
SUBJECT : Senate Resolution Nos. 85 and 103
Senate Bill No. 1030
Dear Mr. Canto:
In connection with your invitation for the undersigned to be a resource speaker on the public hearing of the above subject to be conducted by the Senate Committee on Civil Service and Government Reorganization, please find attached our Department's Positions on the matters embraced by the aforesaid legislative proposals.
Thank you very much.
(SGD.) HORACIO R. MORALES JR.
Secretary
ATTACHMENT
DAR POSITION
Hereunder are the DAR positions on Senate Resolution Nos. 85 and 103, introduced by Senator Robert Z. Barbers; and Senate Bill No. 1030 introduced by Senator Juan Flavier:
A. On Senate Resolution No. 85 "Resolution Directing The Committee On Civil Service And Government Reorganization To Conduct An Inquiry, In Aid Of Legislation, Into The Practice Of Allowing Regional Directors Or Provincial Directors To Be Assigned In Areas Where Their Spouses And/Or Relatives Within The Fourth Degree of Affinity Or Consanguinity Are Incumbent Elective Officials"
1. The proposal to prevent the appointment and assignment of Regional Directors or Provincial Directors in areas where their spouses and/or relatives within the fourth degree of affinity or consanguinity are incumbent elective officials is without legal basis and contrary to the civil service rule that promotions and/or appointment to a position should be based on merit and fitness and not on their being "unrelated" to an elective government official in their locality.
2. There are existing laws, e.g., Omnibus Election Code of the Philippines; which can properly address the issue raised in the Resolution - that some Regional Directors or Provincial Directors, using their power and influence, have helped the election or re-election of their relatives in their areas of jurisdiction. If there are sufficient evidence, these officials can be charged for violation of the provisions of the Omnibus Election. Code, particularly Section 261 thereof.
B. On Senate Resolution No. 103 "Resolution Urging An Inquiry, In Aid Of Legislation, Into The Practice Of Allowing Public Officers And Employees In Government Offices, Agencies And Instrumentalities, Including Government Owned And Controlled Corporations Or Their Subsidiaries, To Hold Multiple Directorships"
1. The Department fully supports this Resolution to prevent the prevailing practice of allowing public officials or employees to hold multiple directorships in other government offices, agencies and instrumentalities including Government Owned and Controlled Corporations (GOCCs) or their subsidiaries, even if there is no law allowing the same or even if the appointment is not related to the primary functions of their positions. The resolution calling for an inquiry is in line with the provision of Rule XVIII, Section 1 of the Omnibus Rules Implementing Book V of Executive Order No. 292 and other Pertinent Civil Service Laws.
2. An enabling act or implementing rules should be passed to clearly identify what other government positions can an appointive official hold aside from his office in line with the constitutional mandate as well as the constitutional prohibition on double compensation and conflicting positions.
C. On Senate Bill No. 1030 "An act Prohibiting Secretaries, Undersecretaries, And Assistant Secretaries From Serving As Consultants, Directors, Or Officers Under Programs Or Projects Conceptualized Negotiated And/Or Approved During His/Her Tenure"
The Department fully supports the proposal of Senator Flavier as we believe that this immoral practice has to be stopped or prevented.
23 November 1998
(SGD.) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning